Payments terms

Please read these Payments Terms carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.

Date of last revision: September 2018

These Payments Terms (“Payments Terms” as updated from time to time in accordance with Article [2] below) constitute a legally binding agreement between you and Orento governing the Payment Services (as defined below) conducted through or in connection with Orento.

When these Payment Terms mention “Orento,” “we,” “us,” or “our,” it refers to the party you are contracting with:

  1. if your country of origin is in Indonesia, you are contracting with PT Orento Teknologi Indonesia, a limited liability company established and existing under the laws of the Republic of Indonesia, having its domicile in North Jakarta, Indonesia; and
  2. if your country of origin is in Australia or any other country other than Indonesia, you are contracting with Orento Pty Ltd, a company established and existing under the laws of Australia, having its domicile in Docklands, Victoria, Australia.

Our details for the purpose of communication in relation to these Payment Terms can be found in Article [16.5].

The Terms & Conditions (the “Terms”), the Privacy Terms and the Listing Terms (as applicable) separately govern your use of Orento’s platform.  All capitalised terms have the same meaning set forth in the Terms unless otherwise defined herein.

In certain situations, users may be required to enter into unique payment processing agreements with Orento.  To that extent, if there is a conflict between these Payment Terms and the terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions shall prevail, unless specified otherwise.

Our collection and use of personal information in connection with your access to and use of the Payment Services is described in the Privacy Terms.

  1. Scope and Use of the Payment Services
    1. Orento Payments Services provides payments services to its users, including collection services, payments and payouts, in connection with and through the Orento platform (“Payment Services”).
    2. Orento reserves the right to restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services.  Orento may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
    3. If and to the extent to which the Payment Services contain links to third-party websites or resources (“Third-Party Services”),. Tthe terms and conditions and privacy practices of the relevant Third-Party Services shall apply, in particular regarding the rights of such third party and liability, therefore the users should review them independently. The users agree and acknowledge that Orento is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Orento of such Third-Party Services.
    4. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise in any other relevant documents.
  2.  Modification of these Payments Terms
    Orento reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on Orento platform and update the “Date of last revision” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. We will inform you about your right of refusal and your right to terminate these Payment Terms in the notification email. If you disagree with the revised Payments Terms, you may terminate these Payment Terms with immediate effect. If you do not terminate these Payment Terms before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute your acceptance and agreement of the revised Payments Terms.
  3. Eligibility, User Verification
    1. You must be at least 21 years old (if you are Indonesian citizen) or 16 years old (if you are Australian citizen) or any other legal age to enter into a contract based on the jurisdiction of your nationality, and you must be able to enter into legally binding contracts to use the Payment Services. By using the Payment Services, you represent and warrant that you meet all legal requirements applicable to you to bind yourself into a contract.
    2. If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
    3. Orento may make access to and use of certain areas or features of the Payment Services. If and to the extent the user verification is required, such as completing a verification process or meeting specific eligibility criteria, the user agree and acknowledge that the verification process is necessary to determine their eligibility to be bound by a contract with Orento. Hence, the users hereby grant Orento the right to perform the verification process, which may include the request for their personal information.
  4. Account Registration
    1. To use the Payment Services, you must have an Orento account in good standing. If you or Orento closes your Orento account for any reason, you will no longer be able to use the Payment Services.
    2. You may authorize a third party to use your Orento Account in accordance with the Terms. You acknowledge and agree that anyone you authorize to use your Orento Account (i) may use the Payment Services on your behalf (if you’re a Tenant); and (ii) he shall be deemed as if he is the Host in your Orento account (if you’re a Host). In this regard, you will be solely responsible for any payments or actions made by such person. Moreover, you shall release and hold harmless Orento for any claims arising from this.
  5. Payment and Payout Methods
    1. We will indicate our appointed bank account and payment deadline in our platform.  Any payment is considered completed when it is completely received in our such appointed account.
    2. You must provide accurate, current and complete information of your appointed bank account in your Orento account to receive any fund payable to you from us. It is your obligation to keep your bank account information up-to-date at all times. Orento is not responsible for any loss suffered by you as a result of incorrect bank account information provided by you.
    3. You authorize Orento to store your bank account information in accordance with these Payments Terms and the Privacy Terms.
    4. You agree and acknowledge that any payment or payout methods may involve the use of third-party payment service providers who may charge you additional fees when processing the payments or payouts. Orento is not responsible for any such fees and disclaims all liability in this regard.
  6. General Provisions of Financial Terms
    Generally, the Orento Fees (“Services Fees”) due to Orento added to or deducted from the applicable lease rent payable by the Tenant to the Host (“Rent”).

    The Services Fees applicable for the Tenant shall be added from the Rent amount which shall be paid by the Tenant together with the Rent amount through our Payment Services.

    Meanwhile, the Services Fees applicable for the Host shall be deducted from the Rent amount to be paid to the Host through our Payment Services.

    The general rate for the Services Fees shall be as attached in this Payment Terms and can be accessed here.

    6.1. Financial Terms for Hosts
    To receive a payout of the due Rent amount or other amount payable to you, you must register a valid bank account detail with your Orento account.

    Orento will generally initiate payout of the Rent monies minus the applicable Services Fees to the Host’s registered bank account within 1 (one) business day after we received the applicable Rent amount from the Tenant.

    Other necessary payout to the Host and/or Tenant will also be generally paid to their respective registered bank account within 1 (one) business day after the obligation to perform such payout arises and is confirmed.

    You agree and acknowledge that the time it takes to receive the payout once transferred by Orento may depend upon the bank that you use and other operational matters related with bank transfer.

    For compliance or operational reasons, Orento may limit the value of each individual daily payout. If you are due an amount above that limit, Orento may initiate a series of payouts (potentially over multiple days) in order to provide your full payout amount.

    6.2. Financial Terms for Tenant
    The Tenant shall make the payment of the due and payable Rent amount within the payment deadline we indicate in our platform.  The Tenant shall make sure that the due Rent amount is received by Orento at least on the payment deadline. Should the payment be made through bank transfer, the Tenant should spare 3-5 business days between the transfer and the actual payment deadline to avoid any delay for the Rent amount arrives in Orento’s account.  Should the payment be made through other means through our Payment Services, the Tenant is responsible to make sure that the information that they enter for the payment is correct and complete to avoid any failure of transaction.

    The Tenant agrees to release and hold harmless Orento for any loss, claim or damage whatsoever due to their mistake or negligence in following our payment instructions and/or these Payment Terms.  Any delay of Rent payment due to technical error or whatsoever that make the Rent amount is not received on time by Orento shall result in the Tenant being arrears, which might be subject to a penalty.
  7. Services Fees
    Orento may charge fees for use of the Services (as defined in general Terms and Conditions) and any applicable fees will be disclosed to users via the Orento platform.

    You authorize Orento to add the Rent amount with the Services Fees applicable to the Tenant and deduct the Rent amount with the Services Fees applicable to the Host, as well as deduct any payout charges and/or any other amount due to Orento pursuant to these Payment Terms or the Terms.
  8. Tax
    Subject to the prevailing taxation laws and regulations in each jurisdiction where the Property is located, any taxation related with the lease must solely be managed and paid by the Host and/or the Tenant.  Orento is not responsible to deduct, withhold or pay any applicable tax related to the lease on behalf of the Host and/or the Tenant.
  9. Collections
    If Orento is unable to collect any amounts you owe under these Payments Terms (whether the Rent and Services Fees from the Tenant or any other due and payable amount from either the Tenant or the Host), Orento may engage in collection efforts to recover such amounts from you. Orento will deem any owed amounts overdue when ninety (90) days have elapsed after the payment deadline indicate in our platform.  Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Orento and/or Orento by you. Such communication may be made by Orento or by anyone on its behalf, including but not limited to a third-party collection agent.
  10. Security Deposits
    Subject to the prevailing laws and regulations where the Property is located and/or if it is required by the Host as set out in its Listing:
    1. Before moving into the Property, the Tenant is responsible for paying the Security Deposit (as defined below) to the Host along together with the Rent amount through the Orento Payment Services. The security deposit shall serve as the assurance that the Tenant shall keep the Property in good condition until the end of the tenancy. Generally, it shall be used to pay for (i) the unpaid Rent; (ii) repairing damage to the Property (except for “ordinary wear and tear”, caused by the Tenant, a family member, or a guest); and (iii) cleaning necessary to restore the Property to its level of cleanliness at the beginning of the tenancy (taking into consideration “ordinary wear and tear”). However, notwithstanding with the foregoing, the use of Security Deposit shall be specifically set out in the Listing Property (“Security Deposit”).
    2. The Security Deposit will either be: (i) held by Orento at escrow account; or (ii) sent out directly to the Host to be submitted to the relevant government institution. In the event of the local law allows the point (i), the Host shall grant the right to Orento to hold the Security Deposit until the end of the tenancy.
    3. Upon Tenant’s move−out date, the Host will inspect and document the condition of the Property. If the Tenant complied with the terms and conditions of the Lease and returned the Property in good condition, then the Host will return the Security Deposit to the Tenant through (i) the Orento Payment Services within 14 Calendar Days at the latest; or (ii) the relevant government institution where the bond has been held. In this case, Orento will only provide the Tenant with the bond reference number and the execution of which shall be conducted solely by the Host within the period as governed by the local law in each jurisdiction where the Property is located; or (iii) any means governed by the prevailing laws and regulations in each jurisdiction where the Property is located. However, on the other hand, if the Host found out that the Property is not in good condition due to some damages, the Host will provide the Tenant a written claim deposit notice including an itemized damage list, therefore the Security Deposit cannot be returned fully or partially (depends on the damage). If, within 10 (ten) calendar days as of the Tenant’s move-out date, the Host have not submitted the claim deposit notice, the full amount of Security Deposit shall be returned to the Tenant.

      If the Listing does not have a Security Deposit, the Tenant shall pay the Host the amount of the damage claim at the end of the tenancy, at least 14 Calendar Days before the expiration of the Leasing Agreement, through Orento Payment Services.

      Orento also reserves the right to otherwise collect payment from you and pursue any remedies available to Orento in situations in which you are responsible for a damage claim.

  11. Abandoned Property
    If we cannot initiate a payout, refund, or pay other funds due to you for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.
  12. Prohibited Activities
    You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
    1. breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Terms; or
    2. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
  13. Liability
    Under no circumstances shall Orento be liable for any loss or destruction of data, loss of profits, business, goodwill, indirect, special or consequential losses or damages arising howsoever from any claim or action, in connection with this Payment Terms, whether based on contract, tort or other legal theory and whether or not Orento has been informed of the possibility of such losses or damages.
  14. Indemnification
    You agree to release, defend (at Orento’ option), indemnify, and hold Orento and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses of any kind whatsoever suffered by Orento, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your breach of these Payments Terms or your breach of any laws, regulations, or third-party rights.
  15. Governing Law and Dispute Resolution
    The Governing Law of these Payment Terms shall follow the location of the property listed in our platform.  Therefore if the property is located in Indonesia, these Payment Terms are subject to the applicable law and regulations in Indonesia.

    These Payment Terms are originally made in English but can be translated to any language to comply with the prevailing laws and regulations.  In that case, English version shall be the governing language despite translation into any other language. Should there is any inconsistency, the English version shall prevail and the relevant translation shall be deemed to be automatically amended to conform with and be consistent with the English version.

    If there is any difference, dispute, conflict or controversy, arises out of or in connection with these Payment Terms or their performance, including without limitation any question regarding its existence, validity, termination of rights or obligations of any party or for any wrongful or unlawful act (a “Dispute”), the parties will attempt for a period of thirty (30) days after the receipt by a party of a notice from the other party of the existence of the Dispute to settle the Dispute by amicable settlement between the parties.

    If the parties are unable to reach agreement to settle the Dispute within the thirty-day period mentioned above, then such Dispute shall exclusively be referred to and be finally resolved by arbitration in Singapore in accordance with the Arbitration Rules (“Rules”) of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference into this Article. The seat of arbitration shall be in Singapore and the language of arbitration shall be English.

    No party will be entitled to commence or file any action in a court of law relating to any Dispute until the matter will have been determined by the Board of Arbitration as provided in this Article 21 and then only for the enforcement of the arbitration award.
  16. General Provisions
    1. Interpretation: Headings are for reference purposes only and do not limit the scope or extent of such Article.
    2. Entire Agreement: Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Orento and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Orento and you regarding the Payment Services.
    3. No Joint Venture: No joint venture, partnership, employment, or agency relationship exists between you or Orento as a result of these Payment Terms or your use of the Payment Services.
    4. Severability:  If any term or provision hereof is invalid, illegal or incapable of being enforced by law or public policy, all other terms and provisions hereof shall nevertheless remain in full force and effect.
    5. No Waiver: Any failure from Orento to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
    6. Assignment: You may not assign, transfer, or delegate these Payment Terms and your rights and obligations hereunder without Orento’s prior written consent. Orento may without restriction assign, transfer, or delegate these Payment Terms and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate these Payment Terms at any time remains unaffected.
    7. No Third-Party Rights: These Payment Terms do not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of these Payment Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Payment Terms.
    8. Survival: This Article 16 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Orento Account.
    9. Feedback: Should you have any question related to these Payment Terms, please contact us.  We also welcome and encourage you to provide feedback, comments and suggestions for improvements to our platform and Payment Services (“Feedback“). You agree and acknowledge that any Feedback you submit to us shall not create any confidentiality obligation for us and will be the exclusive property of Orento. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without any compensation to you.
    10. Notice and Communication: Unless specified otherwise, any Feedback, notices or other communications permitted or required under these Payment Terms, will be in writing and given by Orento via email, Orento platform notification or messaging service.

You may contact Orento regarding the Services by using Orento platform messaging service or by using the information below:

If your country of  origin is in Indonesia:

PT Orento Teknologi Indonesia
Rukan Gading Indah Blok E No.6, Kelapa Gading, DKI Jakarta, 14240

If your country of origin is in Australia:

Orento Pty Ltd
ACN 627 005 467
1 Point Park Crescent
Docklands VIC 3008
email: support@orento.com

These Payments Terms are available at https://help.orento.com/terms/payments-terms. Orento will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.

Schedule - Orento’s Service Fees

We only will take Service Fee from a successful rent transaction with the following rate:

Host

2% of rent amount deducted from Rent amount

This rule is subject to change at any time, including but not limited to Tenant Service fees that will be charged by Orento. In the event of such changes, Orento shall notify the Host and the Tenant before the obligation to pay the Service Fee arises from both parties.

Orento reserves the right to amend the General Rate pursuant to our sole discretion at any time.  Any amendment will be informed to both Host and the Tenant prior to the obligation to pay the Services Fees arise for both parties.